Can my employer send me home for refusing to work in unsafe conditions?

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Can my employer send me home for refusing to work in unsafe conditions?

I work for a pizza delivery company. When we aren’t taking deliveries we are supposed to distribute flyers. It was over 100 degrees outside today and I started feeling too hot. I told my employer it was too hot out to work outside and he sent me home.

Asked on July 28, 2012 under Employment Labor Law, South Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Passing out flyers in 100 degree weather does not necessarily constitute unsafe conditions. I don't believe your employer did anything wrong.  You do not have a disability that he must accomodate.  You need to contact your state labor department for any rulings on a similar matter but I don't believe you have actionable claim herein.


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